Was Obama’S Family There At The Supreme Court?

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Before Barack Obama was inaugurated, Chief Justice Roberts invited him and Joe Biden to visit the Supreme Court to better understand the court’s history. The Obama administration had some major wins in the Supreme Court over the past eight years, including the Affordable Care Act, which survived numerous challenges. In a one-sentence opinion, the Supreme Court left in place a lower court ruling that the president’s DAPA immigration program, which aimed to defer the deportation of millions, was unconstitutional.

Over the course of two presidential terms, Obama and his lawyers found ways to persuade the court to make the law a little more liberal, including progress for same-sex marriage. Obama will leave office with 329 of his judicial nominees confirmed to lifetime posts on federal courts, including two U. S. Supreme Court justices and four judges on the D. C. Circuit Court of Appeals. Senate Republicans may be forced to eat their own words four years after they blocked Barack Obama from filling a vacant supreme court seat in an election.

On average, Obama’s family took 133. 3 protected trips per year, while the Trump family has taken an average of 1, 625 annually. Much of the Trump Republicans in Congress currently are willfully preventing the Supreme Court from being fully staffed and functioning as the Founders intended.

Obama also appointed Supreme Court justices Sonia Sotomayor and Elena Kagan. The US Supreme Court may have dealt a hard blow to the Obama immigration legacy with its intensely anticipated but anticlimactic 4-4 split decision in United States Court of Appeals. The Supreme Court decision finding the Defense of Marriage Act unconstitutional is a victory for equality, which is a core belief of this administration.

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📹 President Obama Participates in a Conversation about the Supreme Court


What Would Obama Look For In A Supreme Court Justice
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What Would Obama Look For In A Supreme Court Justice?

In March 2008, while campaigning in Ohio, Barack Obama discussed the traits he sought in a Supreme Court justice, advocating for a blend of legal scholarship and political experience, citing Earl Warren as a model. Obama appointed Sonia Sotomayor as his first Supreme Court justice, filling the vacancy from Justice David H. Souter's retirement; she was confirmed on August 6, 2009, with a Senate vote of 68–31. Elena Kagan was his second appointment, nominated despite her lack of prior judicial experience.

Obama emphasized his commitment to fulfilling his constitutional duty in nominating justices. Following Justice Antonin Scalia's death in 2016, he nominated Merrick Garland to fill the vacancy, highlighting Garland’s extensive federal experience. The article notes that Obama has made significant judicial appointments, including two Supreme Court justices and four D. C. Circuit Court judges that will influence major legal decisions for years. Obama expressed a desire for a nominee with independent thinking, intellectual rigor, and a commitment to equal protection under the law.

He aimed to appoint individuals with impeccable credentials and integrity, while also seeking someone who could bring humanity to the role. Obama's tenure reflects a profound impact on the judiciary, asserting the necessity of a well-qualified nominee for the Supreme Court.

When Did Obama Nominate Garland For The Supreme Court
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When Did Obama Nominate Garland For The Supreme Court?

On March 16, 2016, President Barack Obama nominated Merrick Garland, then chief judge of the United States Court of Appeals for the District of Columbia Circuit, to the Supreme Court to fill the vacancy left by Justice Antonin Scalia's death. Despite Garland's bipartisan respect and pedigree, the Republican majority in the Senate, led by Mitch McConnell, refused to hold hearings or vote on his nomination. As a result, Garland's nomination lingered without resolution, ultimately breaking the record for the longest gap between a Supreme Court nomination and confirmation at over 100 days.

President Obama urged the Senate to prioritize merit over political gamesmanship and to confirm Garland, whom he praised for his collaborative spirit and consensus-building abilities. Garland's nomination marked Obama's third attempt to appoint a Supreme Court justice during his presidency, showcasing a strategic move to challenge Republican obstructionism. Despite being a moderate candidate with significant judicial experience, Garland did not take a seat on the court, and the Senate's inaction represented a significant moment in the political dynamics surrounding Supreme Court nominations. This episode highlighted the intense partisanship in U. S. politics during that period.

What Was The Only President To Never Nominate A Supreme Court Justice
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What Was The Only President To Never Nominate A Supreme Court Justice?

George Washington holds the record for the most Supreme Court nominations, with a total of 14, of which 12 were confirmed. William Henry Harrison, Zachary Taylor, Andrew Johnson, and Jimmy Carter did not make any nominations during their presidencies due to the absence of vacancies. Notably, Jimmy Carter is the only recent president to complete a full term without appointing a Supreme Court justice. The opportunity for outgoing presidents to nominate justices in their last year is rare, having occurred only once in the last century.

Harrison, who served only 31 days, did not appoint any federal judges. President Barack Obama nominated Merrick Garland in March 2016, but the Senate did not vote on his nomination. The president's power to nominate justices is outlined in Article II, Section 2, Clause 2, necessitating Senate approval. While many nominations are made, various factors such as Senate control and session end can lead to unsuccessful nominations. Recent Presidents have faced challenges in securing Supreme Court appointments, illustrating the complexities surrounding judicial nominations in the U. S. political landscape.

Who Was The Last President To Not Nominate A Supreme Court Justice
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Who Was The Last President To Not Nominate A Supreme Court Justice?

George Washington holds the record for the most Supreme Court nominations, with a total of 14, of which 12 were confirmed. In contrast, four presidents—William Henry Harrison, Zachary Taylor, Andrew Johnson, and Jimmy Carter—did not make any nominations due to a lack of vacancies during their terms. Notably, Jimmy Carter is the most recent president to have completed a full term without appointing a Supreme Court justice. The U. S. Constitution does not stipulate qualifications for justices, allowing presidents to nominate any individual.

Since the Court’s establishment in 1789, there have been 165 nominations, with 128 confirmations. Presidents sometimes face challenges in nominating justices, especially in election years; this was evident in 2016 when President Barack Obama’s nominee, Merrick Garland, did not receive a Senate hearing. The last recess appointment to the Court occurred in 1958 under President Eisenhower. Other presidents, including Herbert Hoover and William Taft, also faced their respective nomination challenges. Throughout history, opposition has consistently affected nominations, a trend that traces back to George Washington's era.

Who Did Trump Put Into The Supreme Court
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Who Did Trump Put Into The Supreme Court?

Donald Trump significantly reshaped the U. S. Supreme Court during his presidency by appointing three justices: Neil Gorsuch (February 1, 2017), Brett Kavanaugh (July 10, 2018), and Amy Coney Barrett (September 29, 2020), creating a six-member conservative majority. Despite this conservative shift, Trump's post-presidency relationship with the Court has been rocky, even as he touts his judicial appointments as major achievements. His selections have resulted in a noticeable conservative lean in decisions; however, notable setbacks occurred, particularly with Chief Justice John Roberts acting as a moderating influence.

Trump's focus on the Supreme Court began during his initial presidential campaign, promising to transform the bench alongside Senate Majority Leader Mitch McConnell. The former president's judicial legacy includes not only justices but also a substantial number of appeals court judges, almost matching Barack Obama's eight-year total in just four years. Trump's influence on the judiciary remains a pivotal aspect of his legacy as discussions about the Court's future continue.

Who Was Obama'S Last Appointment To The US Supreme Court
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Who Was Obama'S Last Appointment To The US Supreme Court?

On March 16, 2016, President Barack Obama nominated Merrick Garland, the Chief Judge of the U. S. Court of Appeals for the D. C. Circuit, to replace the late Justice Antonin Scalia on the Supreme Court. Scalia passed away a month before Garland's nomination. Despite Garland's extensive federal experience, including his role in the prosecution of the Oklahoma City bomber, the Senate never held a vote on his nomination. Earlier, in May 2010, Obama successfully nominated Elena Kagan, the Solicitor General at the time, to replace retiring Justice John Paul Stevens, with Kagan confirmed by a 63–37 Senate vote.

Justice Stevens announced his retirement on April 9, 2010. Historically, some presidents, including Jimmy Carter, have had no Supreme Court Justices confirmed. Obama managed to nominate three justices during his presidency because two justices retired and one passed away. Kagan, who previously clerked for Justice Thurgood Marshall, was one of those appointed alongside Sonia Sotomayor. The contentious political climate around Garland's nomination reflected the opposition from Republican senators who resisted an Obama nominee to fill Scalia's vacancy.

What Happened With Merrick Garland In The Supreme Court
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What Happened With Merrick Garland In The Supreme Court?

Merrick Garland was nominated by President Barack Obama to the Supreme Court in March 2016 to fill the vacancy left by Justice Antonin Scalia’s death. Despite Garland's commendable qualifications and moderate record, Senate Republicans, led by Mitch McConnell, refused to hold hearings or a vote on his nomination, resulting in a 293-day delay. This deadlock ended with the Senate adjournment at the close of the 114th Congress on January 3, 2017, causing Garland's nomination to expire.

The decision to not proceed with the nomination deeply embittered Senate Democrats against McConnell. Although Garland did not face revocation of his nomination when Donald Trump took office, he ultimately became U. S. Attorney General, receiving strong bipartisan support for that role. The failed Supreme Court nomination is viewed as a significant moment in U. S. political history, highlighting partisan divisions and the implications of judicial nominations.

Garland's experience continued in the background, influencing perceptions around accountability, particularly regarding Trump’s legal issues. Overall, Garland's nomination remains a notable episode, underscoring the intricate dynamics of U. S. Senate procedures and political maneuvering surrounding judicial appointments.

Will Obama Fill A Third Supreme Court Vacancy
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Will Obama Fill A Third Supreme Court Vacancy?

During his final year, President Obama sought to fill the Supreme Court vacancy left by Justice Antonin Scalia's death on February 13, 2016. On March 16, he nominated Merrick Garland, Chief Judge of the U. S. Court of Appeals for the District of Columbia Circuit. However, Republican members of the Senate Judiciary Committee, led by Mitch McConnell, quickly opposed the nomination, declaring they would not hold hearings or a vote. McConnell argued that Supreme Court nominations should not occur in an election year.

This situation became a point of contention, particularly when Democrats like Senator Dick Durbin reminded McConnell of his refusal to consider Garland. Despite Obama’s constitutional responsibility to nominate, Garland's nomination was stalled, contributing to the ongoing debate about judicial appointments. The political landscape shifted dramatically with the 2016 election, and after Trump's victory, he filled the vacancy, marking a significant change in the Court's composition.

Obama secured two successful Supreme Court appointments during his presidency—Sonia Sotomayor and Elena Kagan—but Garland's case highlighted intense partisan divides regarding judicial nominations. Ultimately, the incident exemplified the challenges faced by a lame-duck president in appointing justices when opposition parties control the Senate. The dynamics surrounding Supreme Court nominations have since continued to evolve.

Did Obama Use His Recess Appointment Power In 2012
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Did Obama Use His Recess Appointment Power In 2012?

On Thursday, the Supreme Court unanimously ruled that President Obama unconstitutionally exercised his recess appointment power in 2012. This ruling came in response to Obama’s efforts to appoint four individuals to the National Labor Relations Board (NLRB) during a brief Senate recess. The Court found that the Senate was not truly in recess, thus invalidating the appointments. This case marked the Supreme Court's first significant interpretation of the Constitution’s recess appointments clause.

While the decision preserved some aspects of presidential recess appointment power, a minority of four conservative justices pushed for a more stringent limitation on this authority overall. Prior to this ruling, Obama had used his recess appointment power 32 times. The unanimous decision, which emphasizes the checks on presidential power in making appointments without Senate confirmation, has significant implications for future administrations.

The court's judgment highlights the ongoing tension between executive authority and legislative oversight in the appointment process. In light of this ruling, future presidents may face more challenges in utilizing recess appointments, thereby altering the dynamics of executive appointments moving forward.


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Freya Gardon

Hi, I’m Freya Gardon, a Collaborative Family Lawyer with nearly a decade of experience at the Brisbane Family Law Centre. Over the years, I’ve embraced diverse roles—from lawyer and content writer to automation bot builder and legal product developer—all while maintaining a fresh and empathetic approach to family law. Currently in my final year of Psychology at the University of Wollongong, I’m excited to blend these skills to assist clients in innovative ways. I’m passionate about working with a team that thinks differently, and I bring that same creativity and sincerity to my blog about family law.

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